The Australian Electoral Commission (AEC) has launched legal action against a person it alleges was responsible for distributing unauthorised pamphlets targeting teal independent Allegra Spender ahead of the May federal election.
The AEC alleges some 47,000 pamphlets distributed across the eastern Sydney electorate of Wentworth lacked any form of authorisation message or identifying information, which it says breached the Commonwealth Electoral Act.
"Australia’s democracy is rightly regarded as world leading, and central to that integrity is the ability for any voter to know the source of electoral advertising through authorisation messages," electoral commissioner Jeff Pope said in a statement.
"The AEC takes cases involving the complete absence of authorisation information and its widespread dissemination particularly seriously."
The matter has been filed in the Federal Court. If the person is found guilty, they could face fines of up to $39,600 for each breach.
Spender welcomed the investigation back in April, stating it spread "false, misleading and offensive claims".
"This anonymous and misleading campaign is designed to undermine me and to benefit my political opponents," said Spender, one of the teal independents first elected in 2022.
Wording at the bottom of each pamphlet said it was "produced by the people of Wentworth for the people of Wentworth", but failed to specify a name or address.
It also featured an image of Spender with the words '"Allegra Spender Exposed".
The AEC started investigating the pamphlets in April, following several complaints as early voting for the federal election began.
It was able to identify the individual, who has no links to political parties or candidates, and stop the distribution of any further copies of the unauthorised material.
Spender, who was re-elected with a swing towards her in Wentworth, said the unauthorised pamphlets were part of a campaign of "dirty tricks".
In a statement on Friday, Spender said: "It’s vital for our democracy that we prevent the distribution of anonymous misinformation that attempts to influence voters, and that’s an important responsibility of the independent Australian Electoral Commission."
"Like most Australians I have faith in the integrity of the AEC and our legal system, and will leave the court to decide this matter."